Accidents In The Workplace

Today’s Show

Our usual hosts Karla and Fidel were joined today by Attorney Cristina, who is a specialized work injury or accidents attorney for Immigrants. Everyone, every day, is exposed to accidents of any kind, and today we focus on accidents at the workplace and the importance of consulting with a work accident attorney. During our broadcast, we were also taking all the questions that our viewers had for our guests.

The Role Of A Work Accident Lawyer

It is common in countries such as Mexico or Spanish-speaking countries for an attorney to handle several types of cases. In the United States, and particularly in Texas, this situation is different. Normally lawyers who take immigration cases, for example, specialize in those cases and do not take other types of cases. Cristina’s firm specializes in Accident cases, specifically labor and automobile accidents. In the event that clients who come to her office have questions about other legal issues, they are referred to other law firms that specialize in their requirements.

Is It Possible To Obtain Legal Documents As A Result Of A Car Accident?

It depends on the case. If you were the victim of an automobile accident and the other person was intoxicated, so that case could qualify for a U Visa, and what they do at Cristina’s office is contact our firm Lincoln-Goldfinch Law for proper advice regarding which path to take in Immigration matters. It is important to remember that not all accidents qualify for some type of legal status.

Karla told us about the story of a man who decided to share it with us. He told us that he was installing a wooden floor when he accidentally amputated one of his fingers, and he would like to know if it is possible to take any legal action since his company does not want to give him any financial compensation.

Attorney Cristina advises contacting her firm, all legal consultations related to accidents are completely free and confidential. It is important that people know their rights, and there are also many variables involved in the case such as the type of work, who owns the tools they were using, whether it is hourly or project work, etc. All this in order to classify you as a Worker or Contractor, since according to the law in the state of Texas you must proceed differently in each case.

Is There Any Difference Due To The Legal Immigration Status Of A Person?

No, it has absolutely nothing to do with whether the person has legal status or not at the time of claiming their rights. In the state of Texas, a Social Security number is not required to file a claim for damages.

The cases that are most often received at Attorney Cristina’s office are those related to work-related accidents in the construction industry. These are complex cases because there is a type of “gray area” in which many of the employees are Independent Contractors and no one wants to take responsibility for the damages caused by such accidents. Similar to what happens in the restaurant and landscaping industry, among others.

Sometimes the companies that are hired to provide these services, if they are large enough, have a policy called “Workers’ Compensation”. When this policy is in place it is much easier to process injury claims since it is the employer’s insurance that covers the medical expenses and payments that must be made to the employee.

In Texas, it is not mandatory for companies to have this policy so it is common for people to come to Attorney Cristina’s office with these cases. She advises to always take all the personal information of the person who hires you because even if it is a one-day job, without a name, surname, and address it will not be possible to carry out a civil legal process.

Worker’s Rights

Every worker has the right to a safe place to work, depending on the type of work they are performing. Recently the firm of attorney Cristina conducted a campaign in social networks during the summer regarding the “Heat Stroke” and the high temperatures that workers must endure especially in the construction area, and the importance for them to have periodic breaks for hydration.

All these rules are regulated by an entity called OSHA (Occupational Safety and Health Administration), which is in charge, among other things, of regulating and fining all companies that do not comply with the safety guidelines at work. On OSHA’s website, it is possible to find the guidelines required by the Federal Government depending on the type of work to be done, as well as the training that they provide completely free of charge.

When a claim is made for injuries caused by an accident, and this is due to the negligence of a third party, it can be carried out without the need for the accident victim to have a Social Security Number. When analyzing these types of cases it is necessary to determine the percentage of fault of the parties, either the worker or the employer; under Texas law, it is necessary that the greater percentage be that of the employer.

The benefits to be recovered are the following: past, present, and future medical expenses related to the accident, past, present, and future lost wages related to the accident, pain, and suffering, temporary or permanent disability, disfigurement, emotional damage, among others. It is important to seek medical attention for the accident as soon as possible, as delay in care can be used as an argument against your case.

In the case of witnesses who wish to claim for their trauma, it is necessary that the witness be a relative of the victim and/or have witnessed the accident very closely, and that it was a traumatic event. In the event that the victim is deceased, claimants may be parents, spouses, or children, and in some cases siblings.

In case you have additional questions regarding a specific case or work injury attorney Cristina’s contact information, please do not hesitate to contact us at (855) 502-0555 for a free consultation with an attorney. You can also follow us on our social networks Facebook, Instagram, YouTube and TikTok.